Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

Publications

Legal publications and resources from our team on a wide range of legal subjects and hot topics critical to our clients' needs.

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Trust busting (Part 2): Constructive trusts

There have been a number of Court decisions in recent years in which it has been found that assets of a trust can be accessed for the purposes of a relationship property division. In Vervoort v Forrest & Ors the Court of Appeal refused to recognise the existence of a constructive trust, however lessons can be learned from this decision, which is summarised in this article.

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Published by Jonathan Aquilina
New standards for the testing of meth-contaminated properties

In this article, Jonathan provides an update on the development of new standards for the testing and treatment of meth-contaminated properties.

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Published by Jonathan Aquilina
Changes to the construction retentions regime

In this article we summarise the imminent changes to the construction retentions regime.

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Changes to Enduring Powers of Attorney 2017

Changes to Enduring Powers of Attorney have just come into force.

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Published by Dale Thomas
Healthy Rivers - The implications of cleaning up the Waikato River

The Proposed Plan Change 1 for Waikato Regional Council has been dubbed “Healthy Rivers” and is an 80 year plan to clean up the Waikato and Waipa rivers along their entire lengths. The plan change will impact farms in the Waikato Region, of all types, as well as commercial vegetable growers and so it is important that farmers and professionals alike are up to date on what the plan means.

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Published by Jonathan Aquilina
International trade and Incoterms

This article considers some of the issues to consider when contracting to ship goods from overseas.

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Published by Hayley Roberts
KiwiSaver for the first home buyer

This article summarises the potential benefits available with the KiwiSaver scheme for those in the position of “first-home buyer”.

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Could your trust be busted too?

For many years, trusts have been used as a form of asset management and/or asset protection. They are still very much a useful tool for this, however, the recent Supreme Court case of Clayton v Clayton is a warning that trusts can be “busted” in certain circumstances.

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Published by Carl Brandt
The use of electronic signatures

This article summarises the law on the use of electronic signatures.

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The Aksentijevic decision and commercial electronic messages

Aksentijevic v Department of Internal Affairs [2016] NZHC 226 is a recent decision of the New Zealand High Court in relation to breaches of the Unsolicited Electronic Messages Act 2007.

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Published by Daniel Shore
Franchise update: Restraints of trade in the age of LinkedIn

This article considers a recent case concerning a franchisee’s restraint of trade in the context of using business networking social media.

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Honey New Zealand (International) Limited decision and health claims in the food industry

We summarise a recent Court of Appeal decision which considered health claims relating to the honey industry and the interpretation of the Food Standards Code.

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Retirement village disputes: Who decides?

Many people may not realise that there is a separate process for dealing with retirement village disputes. This article summarises key information regarding the retirement village disputes process and also discusses some of the issues with the process.

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Are you selling or purchasing a unit title? Do you know about the disclosure requirements?

When it comes to selling a unit title, a number of unit owners are still not sure about the disclosure requirements and a number of prospective buyers are not clear about the information set out in the required disclosure statements. This article will summarise the different disclosure requirements under the Unit Titles Act 2010 and also provide buyers with more knowledge about the information they receive.

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Changes to the tax regime affecting property transactions

The NZ government has recently taken legislative steps with the stated objectives of: collecting more information about property buyers and sellers; improving tax compliance; and cooling the heated property market.